People v. Giorgetti

*119OPINION OF THE COURT

Charles F. Cacciabaudo, J.

Defendant is charged with resisting arrest (Penal Law, § 205.30). At trial, both sides had rested, the defendant moved to dismiss the charge on the ground that the People had failed to prove the elements of the offense charged.

The facts are as follows:

At approximately 1:00 a.m. on July 24, 1979, two police officers responded to a report of a family disturbance at defendant’s home. After a conversation with defendant’s wife in which she indicated that she wanted defendant out of the house, the police officers spoke to the defendant who then agreed…